The Exotic Disease (Amendment etc.) (EU Exit) Regulations 2018

Commission Implementing Decision 2018/1136 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultryU.K.

This section has no associated Explanatory Memorandum

19.—(1) Commission Implementing Decision 2018/1136 on risk mitigation and reinforced biosecurity measures and early detection systems in relation to the risks posed by wild birds for the transmission of highly pathogenic avian influenza viruses to poultry is amended as follows.

(2) At the end of Article 2, after the unnumbered paragraph, insert—

“In this Decision, the definitions in Council Directive 2005/94/EC are to be interpreted as if—

(a)in point 18, the reference to “competent authority” were a reference to the appropriate Minister;

(b)in point 25, the reference to “Community vaccine bank” were a reference to the EU or any other vaccine bank;

(c)in point 29, in the reference to “primary outbreak”, for the words “Member State” to the end there were substituted “ constituent part of [F1Great Britain], or the first outbreak in a different constituent part of [F1Great Britain] ”.

For the purposes of this Decision—

(a)“the appropriate Minister” means—

(i)in relation to England, the Secretary of State;

F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(ii)]in relation to Scotland, the Scottish Ministers;

[F2(iii)]in relation to Wales, the Welsh Ministers;

(b)“constituent part”, in relation to the United Kingdom, means England, Scotland, Wales or Northern Ireland;

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

(3) In Article 3—

(a)in paragraph 1—

(i)in the words before subparagraph (a), for “Member States” substitute “ Each authority who in relation to a constituent part of F4... is the appropriate Minister ”,

(ii)in subparagraph (a)(i)—

(aa)omit “in Member States”;

(bb)for “Union” substitute “ EU ”,

(iii)in subparagraph (c), omit “the European Food Safety Authority's (EFSA) and by”,

(b)in paragraphs 2 and 3, for “Member States” substitute “ Each authority who in relation to a constituent part of [F5Great Britain] is the appropriate Minister ”.

(4) In Article 4—

(a)in paragraph 1—

[F6(i)for “Member States”, in the first place where it occurs, substitute “authority who in relation to a constituent part of Great Britain is the appropriate Minister”,]

(ii)[F7omit “Member States and nearby third];

(b)in paragraph 2, for “Member States” substitute “ The appropriate Minister ”;

(c)in paragraph 4, in the words before point (a), for “Member States” substitute “ The appropriate Minister ”;

(d)in paragraphs 5 and 6, for “Member States” substitute “ The appropriate Minister ”.

(5) In Article 5—

(a)in paragraph 1, for “Member States” substitute “The appropriate Minister;

(b)in paragraph 2, for “Member States” substitute “ Each authority who in relation to a constituent part of the United Kingdom is the appropriate Minister ”;

(c)in paragraph 3, for “Member States” substitute “ The appropriate Minister ”;

(d)in paragraph 3(f)—

(i)omit “Member States and third”,

(ii)omit “EFSA”.

(6) In Article 6, for “Member States”, in both places it occurs, substitute “ The appropriate Minister ”.

(7) In Article 7(1), for “Member States” substitute “ The appropriate Minister ”.

(8) In Article 8, in paragraphs 1 and 2, for “Member States” substitute “ The appropriate Minister ”.

(9) In Article 9—

(a)in paragraph 1 (in the words before point (a)) and in paragraph 2, for “Member States” substitute “ the appropriate Minister ”;

(b)in paragraph 2, omit “their”.

(10) In Article 10—

(a)in paragraph 1, for “Member States” substitute “ The appropriate Minister ”,

(b)omit paragraph 2.

(11) Omit Article 11.

Textual Amendments

F2Reg. 19(2): sub-para. (ii) of inserted definition omitted and next sub-paras. renumbered accordingly (31.12.2020 immediately before IP completion day) by virtue of The Animals, Aquatic Animal Health, Invasive Alien Species, Plant Propagating Material and Seeds (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1388), regs. 1(2)(a), 25(15)(a)(ii)

Commencement Information

I1Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)